2017 ORS 258.065¹
Effect of successful contest of nomination or election

(1) After the contest hearing, the circuit court shall render a judgment affirming or setting aside the nomination or election of the person for or to the office.

(2) If the judgment sets aside the nomination of a person, it also shall declare that the nomination is vacant.

(3) Except as provided in subsection (4) of this section, if the judgment sets aside the election of a person, the incumbent shall remain in office until a successor is elected.

(4) If the judgment sets aside the election of a person to an office sought by an incumbent who was defeated, the office shall be declared vacant.

(5) If the judgment under ORS 258.026 (When election results may be set aside) (2) sets aside the nomination or election of a person to a city office or as a member of the board of a district defined in ORS 255.012 (“District” defined), the names of the candidates for the office shall be resubmitted to the electors at a special election held on the next available election date. The county of the county clerk or the local elections official who committed the error in the distribution of the official ballots shall bear the cost of the election. [1979 c.190 §320; 1983 c.170 §3]

See also annota­tions under ORS 251.015 to 251.090 in permanent edi­tion.

Notes of Decisions

In a pro­ceed­ing contesting an elec­tion pursuant to these sec­tions, the viola­tions must be proven by clear and convincing evidence. Putnam v. Milne, 13 Or App 540, 511 P2d 442 (1973)

Law Review Cita­tions

50 OLR 299-321 (1971)

1 Legislative Counsel Committee, CHAPTER 258—Election Contests; Recounts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors258.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 258, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano258.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.